P. v. Martinez
An information filed on February 22, 2007, charged appellant, inter alia, with taking a vehicle without the owners consent in violation of Vehicle Code section 10851, subdivision (a) (count 1), receiving a stolen vehicle in violation of Penal Code section 496d (count 2), and felony evading a pursuing police officer in violation of Vehicle Code section 2800.2 (count 3). Other crimes charged in the information were dismissed prior to trial. It was alleged as to all counts that appellant had suffered a prior prison term within the meaning of section 667.5 subdivision (b). The jury acquitted appellant on counts 1 and 2 and convicted on the evading charge in count 3. Trial on the section 667.5, subdivision (b) prison prior was bifurcated, and appellant waived jury trial on that charge. The trial court subsequently found the alleged prison prior enhancement true. The judgment is affirmed.
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